Family Code

§ 1 Division 1, Part 1 This code shall be known as the Family Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 2 Division 1, Part 1 A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment, and a reference in a statute to the provision of this code shall be deemed to include a reference to the previously existing provision unless a contrary intent appears. (Amended by Stats. 1993, Ch. 219, Sec. 78. Effective January 1, 1994.) § 3 Division 1, Part 1 A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be construed to effectuate the general purpose to make uniform the law in those states which enact that provision. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 4 Division 1, Part 1 (a) As used in this section: (1) “New law” means either of the following, as the case may be: (A) The act that enacted this code. (B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of a provision of this code. (2) “Old law” means the applicable law in effect before the operative date of the new law. (3) “Operative date” means the operative date of the new law. (b) This section governs the application of the new law except to the extent otherwise expressly provided in the new law. (c) Subject to the limitations provided in this section, the new law applies on the operative date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operative date, including, but not limited to, commencement of a proceeding, making of an order, or taking of an action. (d) If a document or paper is filed before the operative date, the contents, execution, and notice thereof are governed by the old law and not by the new law; but subsequent proceedings taken after the operative date concerning the document or paper, including an objection or response, a hearing, an order, or other matter relating thereto is governed by the new law and not by the old law. (e) If an order is made before the operative date, or an action on an order is taken before the operative date, the validity of the order or action is governed by the old law and not by the new law. Nothing in this subdivision precludes proceedings after the operative date to modify an order made, or alter a course of action commenced, before the operative date to the extent proceedings for modification of an order or alteration of a course of action of that type are otherwise provided in the new law. (f) No person is liable for an action taken before the operative date that was proper at the time the action was taken, even though the action would be improper if taken on or after the operative date, and the person has no duty, as a result of the enactment of the new law, to take any step to alter the course of action or its consequences. (g) If the new law does not apply to a matter that occurred before the operative date, the old law continues to govern the matter notwithstanding its repeal or amendment by the new law. (h) If a party shows, and the court determines, that application of a particular provision of the new law or of the old law in the manner required by this section or by the new law would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons in connection with an event that occurred or circumstance that existed before the operative date, the court may, notwithstanding this section or the new law, apply either the new law or the old law to the extent reasonably necessary to mitigate the substantial interference. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 5 Division 1, Part 1 Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 6 Division 1, Part 1 Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 7 Division 1, Part 1 Whenever a reference is made to a portion of this code or to another law, the reference applies to all amendments and additions regardless of when made. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 8 Division 1, Part 1 Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Part” means a part of the division in which that term occurs. (c) “Chapter” means a chapter of the division or part, as the case may be, in which that term occurs. (d) “Article” means an article of the chapter in which that term occurs. (e) “Section” means a section of this code. (f) “Subdivision” means a subdivision of the section in which that term occurs. (g) “Paragraph” means a paragraph of the subdivision in which that term occurs. (h) “Subparagraph” means a subparagraph of the paragraph in which that term occurs. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 9 Division 1, Part 1 The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 10 Division 1, Part 1 The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 11 Division 1, Part 1 A reference to “husband” and “wife,” “spouses,” or “married persons,” or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 12 Division 1, Part 1 “Shall” is mandatory and “may” is permissive. “Shall not” and “may not” are prohibitory. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 13 Division 1, Part 1 If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 50 Division 1, Part 2 Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 58 Division 1, Part 2 “Child for whom support may be ordered” means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910. (Added by Stats. 1993, Ch. 219, Sec. 79. Effective January 1, 1994.) § 63 Division 1, Part 2 “Community estate” includes both community property and quasi-community property. (Added by Stats. 1993, Ch. 219, Sec. 79.3. Effective January 1, 1994.) § 65 Division 1, Part 2 “Community property” is property that is community property under Part 2 (commencing with Section 760) of Division 4. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 67 Division 1, Part 2 “County” includes city and county. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 70 Division 1, Part 2 (a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed to the other spouse the intent to end the marriage. (2) The conduct of the spouse is consistent with the intent to end the marriage. (b) In determining the date of separation, the court shall take into consideration all relevant evidence. (c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152. (Amended by Stats. 2019, Ch. 115, Sec. 1. (AB 1817) Effective January 1, 2020.) § 80 Division 1, Part 2 “Employee benefit plan” includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended. The term also includes “employee benefit plan” as defined in Section 3 of ERISA (29 U.S.C.A. Sec. 1002(3)). (Amended by Stats. 1994, Ch. 1269, Sec. 9. Effective January 1, 1995.) § 92 Division 1, Part 2 “Family support” means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 95 Division 1, Part 2 “Income and expense declaration” means the form for an income and expense declaration in family law matters adopted by the Judicial Council. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 100 Division 1, Part 2 “Judgment” and “order” include a decree, as appropriate under the circumstances. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 105 Division 1, Part 2 “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. (Amended by Stats. 1994, Ch. 1010, Sec. 107. Effective January 1, 1995.) § 110 Division 1, Part 2 “Proceeding” includes an action. (Added by Stats. 1993, Ch. 219, Sec. 81. Effective January 1, 1994.) § 113 Division 1, Part 2 “Property” includes real and personal property and any interest therein. (Added by Stats. 2000, Ch. 808, Sec. 21. Effective September 28, 2000.) § 115 Division 1, Part 2 “Property declaration” means the form for a property declaration in family law matters adopted by the Judicial Council. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 125 Division 1, Part 2 “Quasi-community property” means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways: (a) By either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition. (b) In exchange for real or personal property, wherever situated, which would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 126 Division 1, Part 2 “Petitioner” includes plaintiff, where appropriate. (Added by Stats. 1999, Ch. 980, Sec. 1. Effective January 1, 2000.) § 127 Division 1, Part 2 “Respondent” includes defendant, where appropriate. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 130 Division 1, Part 2 “Separate property” is property that is separate property under Part 2 (commencing with Section 760) of Division 4. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 142 Division 1, Part 2 “Spousal support” means support of the spouse of the obligor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 143 Division 1, Part 2 “Spouse” includes “registered domestic partner,” as required by Section 297.5. (Added by Stats. 2016, Ch. 50, Sec. 35. (SB 1005) Effective January 1, 2017.) § 145 Division 1, Part 2 “State” means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. (Amended by Stats. 1999, Ch. 661, Sec. 3. Effective January 1, 2000. Operative January 1, 1994.) § 150 Division 1, Part 2 “Support” refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. It also includes past due support or arrearage when it exists. “Support,” when used with reference to a minor child or a child described in Section 3901, includes maintenance and education. (Amended by Stats. 2000, Ch. 808, Sec. 22. Effective September 28, 2000.) § 155 Division 1, Part 2 “Support order” means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. For the purposes of Section 685.020 of the Code of Civil Procedure, only the initial support order, whether temporary or final, whether or not the order is contained in a judgment, shall be considered an installment judgment. No support order or other order or notice issued, which sets forth the amount of support owed for prior periods of time or establishes a periodic payment to liquidate the support owed for prior periods, shall be considered a money judgment for purposes of subdivision (b) of Section 685.020 of the Code of Civil Procedure. (Amended by Stats. 2002, Ch. 539, Sec. 2. Effective January 1, 2003.) § 170 Division 1, Part 3 (a) As used in this code, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian organization,” “Indian tribe,” “reservation,” and “tribal court” shall be defined as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (b) When used in connection with an Indian child custody proceeding, the terms “extended family member” and “parent” shall be defined as provided in Section 1903 of the Indian Child Welfare Act. (c) “Indian child custody proceeding” means a “child custody proceeding” within the meaning of Section 1903 of the Indian Child Welfare Act, including a voluntary or involuntary proceeding that may result in an Indian child’s temporary or long-term foster care or guardianship placement if the parent or Indian custodian cannot have the child returned upon demand, termination of parental rights, or adoptive placement. An “Indian child custody proceeding” does not include a proceeding under this code commenced by the parent of an Indian child to determine the custodial rights of the child’s parents, unless the proceeding involves a petition to declare an Indian child free from the custody or control of a parent or involves a grant of custody to a person or persons other than a parent, over the objection of a parent. (d) If an Indian child is a member of more than one tribe or is eligible for membership in more than one tribe, the court shall make a determination, in writing together with the reasons for it, as to which tribe is the Indian child’s tribe for purposes of the Indian child custody proceeding. The court shall make that determination as follows: (1) If the Indian child is or becomes a member of only one tribe, that tribe shall be designated as the Indian child’s tribe, even though the child is eligible for membership in another tribe. (2) If an Indian child is or becomes a member of more than one tribe, or is not a member of any tribe but is eligible for membership in more than one tribe, the tribe with which the child has the more significant contacts shall be designated as the Indian child’s tribe. In determining which tribe the child has the more significant contacts with, the court shall consider, among other things, the following factors: (A) The length of residence on or near the reservation of each tribe and frequency of contact with each tribe. (B) The child’s participation in activities of each tribe. (C) The child’s fluency in the language of each tribe. (D) Whether there has been a previous adjudication with respect to the child by a court of one of the tribes. (E) Residence on or near one of the tribes’ reservations by the child’s parents, Indian custodian or extended family members. (F) Tribal membership of custodial parent or Indian custodian. (G) Interest asserted by each tribe in response to the notice specified in Section 180. (H) The child’s self identification. (3) If an Indian child becomes a member of a tribe other than the one designated by the court as the Indian child’s tribe under paragraph (2), actions taken based on the court’s determination prior to the child’s becoming a tribal member shall continue to be valid. (Added by Stats. 2006, Ch. 838, Sec. 1. Effective January 1, 2007.) § 175 Division 1, Part 3 (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members of, or are eligible for membership in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and other applicable law, designed to prevent the child’s involuntary out-of-home placement and, whenever the placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the child’s tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the child’s tribe and tribal community. (2) It is in the interest of an Indian child that the child’s membership in the child’s Indian tribe and connection to the tribal community be encouraged and protected, regardless of any of the following: (A) Whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of a child custody proceeding. (B) Whether the parental rights of the child’s parents have been terminated. (C) Where the child has resided or been domiciled. (b) In all Indian child custody proceedings the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act, and seek to protect the best interest of the child. Whenever an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the Indian Child Welfare Act. (c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, is either (1) a member of an Indian tribe or (2) eligible for membership in an Indian tribe and a biological child of a member of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act to the proceedings. (d) In any case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian child’s tribe, than the rights provided under the Indian Child Welfare Act, the court shall apply the higher standard. (e) Any Indian child, the Indian child’s tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care, guardianship placement, or termination of parental rights if the action violated Sections 1911, 1912, and 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). Nothing in this section is intended to prohibit, restrict, or otherwise limit any rights under Section 1914 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (Added by Stats. 2006, Ch. 838, Sec. 1. Effective January 1, 2007.) § 177 Division 1, Part 3 (a) In an Indian child custody proceeding, the court shall apply Sections 224.2 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code, and the following rules from the California Rules of Court, as they read on January 1, 2007: (1) Paragraph (7) of subdivision (b) of Rule 5.530. (2) Subdivision (i) of Rule 5.534. (b) In the provisions cited in subdivision (a), references to social workers, probation officers, county welfare department, or probation department shall be construed as meaning the party seeking a foster care placement, guardianship, or adoption under this code. (c) This section shall only apply to proceedings involving an Indian child. (Amended by Stats. 2007, Ch. 130, Sec. 85. Effective January 1, 2008.) § 180 Division 1, Part 3 (a) In an Indian child custody proceeding notice shall comply with subdivision (b) of this section. (b) Any notice sent under this section shall be sent to the minor’s parent or legal guardian, Indian custodian, if any, and the Indian child’s tribe and shall comply with all of the following requirements: (1) Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is recommended, but not required. (2) Notice to the tribe shall be to the tribal chairperson, unless the tribe has designated another agent for service. (3) Notice shall be sent to all tribes of which the child may be a member or eligible for membership until the court makes a determination as to which tribe is the Indian child’s tribe in accordance with subdivision (d) of Section 170, after which notice need only be sent to the tribe determined to be the Indian child’s tribe. (4) Notice, to the extent required by federal law, shall be sent to the Secretary of the Interior’s designated agent, the Sacramento Area Director, Bureau of Indian Affairs. If the identity or location of the Indian child’s tribe is known, a copy of the notice shall also be sent directly to the Secretary of the Interior unless the Secretary of the Interior has waived that notice in writing and the person responsible for giving notice under this section has filed proof of the waiver with the court. (5) In addition to the information specified in other sections of this article, notice shall include all of the following information: (A) The name, birthdate, and birthplace of the Indian child, if known. (B) The name of any Indian tribe in which the child is a member or may be eligible for membership, if known. (C) All names known of the Indian child’s biological parents, grandparents, and great-grandparents, or Indian custodians, including maiden, married, and former names or aliases, as well as their current and former addresses, birthdates, places of birth and death, tribal enrollment numbers, and any other identifying information, if known. (D) A copy of the petition by which the proceeding was initiated. (E) A copy of the child’s birth certificate, if available. (F) The location, mailing address, and telephone number of the court and all parties notified pursuant to this section. (G) A statement of the following: (i) The absolute right of the child’s parents, Indian custodians, and tribe to intervene in the proceeding. (ii) The right of the child’s parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child’s tribe, absent objection by either parent and subject to declination by the tribal court. (iii) The right of the child’s parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding. (iv) The potential legal consequences of the proceedings on the future custodial rights of the child’s parents or Indian custodians. (v) That if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent the parents or Indian custodians pursuant to Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (vi) That the information contained in the notice, petition, pleading, and other court documents is confidential, so any person or entity notified shall maintain the confidentiality of the information contained in the notice concerning the particular proceeding and not reveal it to anyone who does not need the information in order to exercise the tribe’s rights under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (c) Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing thereafter, including, but not limited to, the hearing at which a final adoption order is to be granted. After a tribe acknowledges that the child is a member or eligible for membership in that tribe, or after the Indian child’s tribe intervenes in a proceeding, the information set out in subparagraphs (C), (D), (E), and (G) of paragraph (5) of subdivision (b) need not be included with the notice. (d) Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing except as permitted under subdivision (e). (e) No proceeding shall be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs. The parent, Indian custodian, or the tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding. Nothing herein shall be construed as limiting the rights of the parent, Indian custodian, or tribe to 10 days’ notice if a lengthier notice period is required under this code. (f) With respect to giving notice to Indian tribes, a party shall be subject to court sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child, or counsels a party to do so. (g) The inclusion of contact information of any adult or child that would otherwise be required to be included in the notification pursuant to this section, shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual abuse, or stalking. (Added by Stats. 2006, Ch. 838, Sec. 1. Effective January 1, 2007.) § 185 Division 1, Part 3 (a) In a custody proceeding involving a child who would otherwise be an Indian child based on the definition contained in paragraph (4) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), but is not an Indian child based on status of the child’s tribe, as defined in paragraph (8) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), the court may permit the tribe from which the child is descended to participate in the proceeding upon request of the tribe. (b) If the court permits a tribe to participate in a proceeding, the tribe may do all of the following, upon consent of the court: (1) Be present at the hearing. (2) Address the court. (3) Request and receive notice of hearings. (4) Request to examine court documents relating to the proceeding. (5) Present information to the court that is relevant to the proceeding. (6) Submit written reports and recommendations to the court. (7) Perform other duties and responsibilities as requested or approved by the court. (c) If more than one tribe requests to participate in a proceeding under subdivision (a), the court may limit participation to the tribe with which the child has the most significant contacts, as determined in accordance with paragraph (2) of subdivision (d) of Section 170. (d) This section is intended to assist the court in making decisions that are in the best interest of the child by permitting a tribe in the circumstances set out in subdivision (a) to inform the court and parties to the proceeding about placement options for the child within the child’s extended family or the tribal community, services and programs available to the child and the child’s parents as Indians, and other unique interests the child or the child’s parents may have as Indians. This section shall not be construed to make the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), or any state law implementing the Indian Child Welfare Act, applicable to the proceedings, or to limit the court’s discretion to permit other interested persons to participate in these or any other proceedings. (e) This section shall only apply to proceedings involving an Indian child. (Added by Stats. 2006, Ch. 838, Sec. 1. Effective January 1, 2007.) § 200 Division 2, Part 1 The superior court has jurisdiction in proceedings under this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 210 Division 2, Part 2 Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code. (Amended by Stats. 2002, Ch. 1118, Sec. 2. Effective January 1, 2003.) § 211 Division 2, Part 2 Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 211.5 Division 2, Part 2 (a) (1) Commencing January 1, 2024, in proceedings under this code, a court shall provide self-identified veterans with a list of resources for veterans, including information about how to contact the local office of the Department of Veterans Affairs. (2) The veteran may, at their discretion, provide the information about their veteran status on the Judicial Council military service form, file the form with the court, and serve it on the other parties to the action. (b) (1) When a person files a form identifying the person as a veteran pursuant to paragraph (2) of subdivision (a), the court shall transmit a copy of the form to the Department of Veterans Affairs. (2) Upon receipt of a copy of the form, the Department of Veterans Affairs shall, within a reasonable time, contact the person using the information provided on the form. (c) On or before January 1, 2024, the Judicial Council may amend or develop the rules and forms necessary to implement this section. (Added by Stats. 2022, Ch. 385, Sec. 2. (SB 1182) Effective January 1, 2023.) § 212 Division 2, Part 2 A petition, response, application, opposition, or other pleading filed with the court under this code shall be verified. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 213 Division 2, Part 2 (a) In a hearing on an order to show cause, or on a modification thereof, or in a hearing on a motion, other than for contempt, the responding party may seek affirmative relief alternative to that requested by the moving party, on the same issues raised by the moving party, by filing a responsive declaration within the time set by statute or rules of court. (b) This section applies in any of the following proceedings: (1) A proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties. (2) A proceeding relating to a protective order described in Section 6218. (3) Any other proceeding in which there is at issue the visitation, custody, or support of a child. (Amended by Stats. 1993, Ch. 219, Sec. 83. Effective January 1, 1994.) § 214 Division 2, Part 2 Except as otherwise provided in this code or by court rule, the court may, when it considers it necessary in the interests of justice and the persons involved, direct the trial of any issue of fact joined in a proceeding under this code to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 215 Division 2, Part 2 (a) Except as provided in subdivision (b) or (c), after entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or paternity, or after a permanent order in any other proceeding in which there was at issue the visitation, custody, or support of a child, no modification of the judgment or order, and no subsequent order in the proceedings, is valid unless any prior notice otherwise required to be given to a party to the proceeding is served, in the same manner as the notice is otherwise permitted by law to be served, upon the party. For the purposes of this section, service upon the attorney of record is not sufficient. (b) A postjudgment motion to modify a custody, visitation, or child support order may be served on the other party or parties by first-class mail or airmail, postage prepaid, to the persons to be served. For any party served by mail, the proof of service shall include an address verification. (c) This section does not apply if the court has ordered an issue or issues bifurcated for separate trial in advance of the disposition of the entire case. In those cases, service of a motion on any outstanding matter shall be served either upon the attorney of record, if the parties are represented, or upon the parties, if unrepresented. However, if there has been no pleading filed in the action for a period of six months after the entry of the bifurcated judgment, service shall be upon both the party, at the party’s last known address, and the attorney of record. (Amended by Stats. 2016, Ch. 67, Sec. 1. (AB 1735) Effective January 1, 2017.) § 216 Division 2, Part 2 (a) In the absence of a stipulation by the parties to the contrary, there shall be no ex parte communication between the attorneys for any party to an action and any court-appointed or court-connected evaluator or mediator, or between a court-appointed or court-connected evaluator or mediator and the court, in any proceedings under this code, except with regard to the scheduling of appointments. (b) There shall be no ex parte communications between counsel appointed by the court pursuant to Section 3150 and a court-appointed or court-connected evaluator or mediator, except when it is expressly authorized by the court or undertaken pursuant to paragraph (5) of subdivision (c) of Section 3151. (c) Subdivisions (a) and (b) shall not apply in the following situations: (1) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in Sections 3113, 3181, and 3192. (2) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in Rule 5.215 of the California Rules of Court. (3) If the mediator or evaluator determines that ex parte communication is needed to inform the court of the mediator’s or evaluator’s belief that a restraining order is necessary to prevent an imminent risk to the physical safety of the child or the party. (d) This section shall not be construed to limit the responsibilities a mediator or evaluator may have as a mandated reporter pursuant to Section 11165.9 of the Penal Code or the responsibilities a mediator or evaluator have to warn under Tarasoff v. Regents of the University of California (1976) 17 Cal.3d 425, Hedlund v. Superior Court (1983) 34 Cal.3d 695, and Section 43.92 of the Civil Code. (e) The Judicial Council shall, by July 1, 2006, adopt a rule of court to implement this section. (Amended by Stats. 2019, Ch. 115, Sec. 2. (AB 1817) Effective January 1, 2020.) § 217 Division 2, Part 2 (a) At a hearing on any order to show cause or notice of motion brought pursuant to this code, absent a stipulation of the parties or a finding of good cause pursuant to subdivision (b), the court shall receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties. (b) In appropriate cases, a court may make a finding of good cause to refuse to receive live testimony and shall state its reasons for the finding on the record or in writing. The Judicial Council shall, by January 1, 2012, adopt a statewide rule of court regarding the factors a court shall consider in making a finding of good cause. (c) A party seeking to present live testimony from witnesses other than the parties shall, prior to the hearing, file and serve a witness list with a brief description of the anticipated testimony. If the witness list is not served prior to the hearing, the court may, on request, grant a brief continuance and may make appropriate temporary orders pending the continued hearing. (Added by Stats. 2010, Ch. 352, Sec. 3. (AB 939) Effective January 1, 2011.) § 218 Division 2, Part 2 With respect to the ability to conduct formal discovery in family law proceedings, when a request for order or other motion is filed and served after entry of judgment, discovery shall automatically reopen as to the issues raised in the postjudgment pleadings currently before the court. The date initially set for trial of the action specified in subdivision (a) of Section 2024.020 of the Code of Civil Procedure shall mean the date the postjudgment proceeding is set for hearing on the motion or any continuance thereof, or evidentiary trial, whichever is later. (Added by Stats. 2014, Ch. 169, Sec. 1. (AB 2586) Effective January 1, 2015.) § 231 Division 2, Part 3 This part applies to a temporary restraining order in a summons issued under any of the following provisions: (a) Section 2040 (proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties). (b) Section 7700 (proceeding under Uniform Parentage Act). (Amended by Stats. 1993, Ch. 219, Sec. 84.5. Effective January 1, 1994.) § 232 Division 2, Part 3 The summons shall state on its face that the order is enforceable in any place in this state by any law enforcement agency that has received mailed notice of the order or has otherwise received a copy of the order and any officer who has been shown a copy of the order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 233 Division 2, Part 3 (a) Upon filing the petition and issuance of the summons and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent, the temporary restraining order under this part shall be in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court. (b) The temporary restraining order is enforceable in any place in this state, but is not enforceable by a law enforcement agency of a political subdivision unless that law enforcement agency has received mailed notice of the order or has otherwise received a copy of the order or the officer enforcing the order has been shown a copy of the order. (c) A willful and knowing violation of the order included in the summons by removing a child from the state without the written consent of the other party or an order of the court is punishable as provided in Section 278.5 of the Penal Code. A willful and knowing violation of any of the other orders included in the summons is punishable as provided in Section 273.6 of the Penal Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 234 Division 2, Part 3 The automatic granting of the ex parte temporary restraining order under this part is not a court determination or competent evidence in any proceeding of any prior history of the conduct so proscribed occurring between the parties. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 235 Division 2, Part 3 Nothing in this part precludes either party from applying to the court for modification or revocation of the temporary restraining order provided for in this part or for further temporary orders or an expanded temporary ex parte order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 240 Division 2, Part 4 This part applies where a temporary restraining order, including a protective order as defined in Section 6218, is issued under any of the following provisions: (a) Article 2 (commencing with Section 2045) of Chapter 4 of Part 1 of Division 6 (dissolution of marriage, nullity of marriage, or legal separation of the parties). (b) Article 3 (commencing with Section 4620) of Chapter 3 of Part 5 of Division 9 (deposit of assets to secure future child support payments). (c) Article 1 (commencing with Section 6320) of Chapter 2 of Part 4 of Division 10 (Domestic Violence Prevention Act), other than an order under Section 6322.5. (d) Article 2 (commencing with Section 7710) of Chapter 6 of Part 3 of Division 12 (Uniform Parentage Act). (Amended by Stats. 1998, Ch. 511, Sec. 1. Effective January 1, 1999.) § 241 Division 2, Part 4 Except as provided in Section 6300, an order described in Section 240 may not be granted without notice to the respondent unless it appears from facts shown by the declaration in support of the petition for the order, or in the petition for the order, that great or irreparable injury would result to the petitioner before the matter can be heard on notice. (Amended by Stats. 2010, Ch. 572, Sec. 6. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.) § 242 Division 2, Part 4 (a) Within 21 days, or, if good cause appears to the court, 25 days from the date that a temporary restraining order is granted or denied, a hearing shall be held on the petition. If no request for a temporary restraining order is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days from the date that the petition is filed. (b) If a hearing is not held within the time provided in subdivision (a), the court may nonetheless hear the matter, but the temporary restraining order shall no longer be enforceable unless it is extended under Section 245. (Amended by Stats. 2015, Ch. 411, Sec. 4. (AB 1081) Effective January 1, 2016.) § 243 Division 2, Part 4 (a) If a petition under this part has been filed, the respondent shall be personally served with a copy of the petition, the temporary restraining order, if any, and the notice of hearing on the petition. Service shall be made at least five days before the hearing. (b) On motion of the petitioner or on its own motion, the court may shorten the time for service on the respondent. (c) If service on the respondent is made, the respondent may file a response that explains or denies the allegations in the petition. (Amended by Stats. 2015, Ch. 411, Sec. 5. (AB 1081) Effective January 1, 2016.) § 244 Division 2, Part 4 (a) On the day of the hearing, the hearing on the petition shall take precedence over all other matters on the calendar that day, except older matters of the same character, and matters to which special precedence may be given by law. (b) The hearing on the petition shall be set for trial at the earliest possible date and shall take precedence over all other matters, except older matters of the same character, and matters to which special precedence may be given by law. (Amended by Stats. 2010, Ch. 572, Sec. 9. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.) § 245 Division 2, Part 4 (a) The respondent shall be entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition. (b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion. (c) If the court grants a continuance, any temporary restraining order that has been issued shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order. (d) If the court grants a continuance, the extended temporary restraining order shall state on its face the new date of expiration of the order. (e) A fee shall not be charged for the extension of the temporary restraining order. (Amended by Stats. 2015, Ch. 411, Sec. 6. (AB 1081) Effective January 1, 2016.) § 246 Division 2, Part 4 A request for a temporary restraining order described in Section 240, issued without notice, shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (Amended by Stats. 2010, Ch. 572, Sec. 11. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.) § 270 Division 2, Part 5 If a court orders a party to pay attorney’s fees or costs under this code, the court shall first determine that the party has or is reasonably likely to have the ability to pay. (Repealed and added by Stats. 1993, Ch. 219, Sec. 87. Effective January 1, 1994.) § 271 Division 2, Part 5 (a) Notwithstanding any other provision of this code, the court may base an award of attorney’s fees and costs on the extent to which any conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. An award of attorney’s fees and costs pursuant to this section is in the nature of a sanction. In making an award pursuant to this section, the court shall take into consideration all evidence concerning the parties’ incomes, assets, and liabilities. The court shall not impose a sanction pursuant to this section that imposes an unreasonable financial burden on the party against whom the sanction is imposed. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award. (b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice by the requesting party or the court to the party against whom the sanction is proposed and opportunity for that party to be heard is provided by the court. (c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property. (Amended by Stats. 2023, Ch. 67, Sec. 1. (AB 1179) Effective January 1, 2024.) § 272 Division 2, Part 5 (a) Where the court orders one of the parties to pay attorney’s fees and costs for the benefit of the other party, the fees and costs may, in the discretion of the court, be made payable in whole or in part to the attorney entitled thereto. (b) Subject to subdivision (c), the order providing for payment of the attorney’s fees and costs may be enforced directly by the attorney in the attorney’s own name or by the party in whose behalf the order was made. (c) If the attorney has ceased to be the attorney for the party in whose behalf the order was made, the attorney may enforce the order only if it appears of record that the attorney has given to the former client or successor counsel 10 days’ written notice of the application for enforcement of the order. During the 10-day period, the client may file in the proceeding a motion directed to the former attorney for partial or total reallocation of fees and costs to cover the services and cost of successor counsel. On the filing of the motion, the enforcement of the order by the former attorney shall be stayed until the court has resolved the motion. (Repealed and added by Stats. 1993, Ch. 219, Sec. 87. Effective January 1, 1994.) § 273 Division 2, Part 5 Notwithstanding any other provision of this code, the court shall not award attorney’s fees against any governmental agency involved in a family law matter or child support proceeding except when sanctions are appropriate pursuant to Section 128.5 of the Code of Civil Procedure or Section 271 of this code. (Added by Stats. 1994, Ch. 1269, Sec. 10. Effective January 1, 1995.) § 274 Division 2, Part 5 (a) Notwithstanding any other provision of law, if the injured spouse is entitled to a remedy authorized pursuant to Section 4324, the injured spouse shall be entitled to an award of reasonable attorney’s fees and costs as a sanction pursuant to this section. (b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard. (c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award. (Amended by Stats. 2006, Ch. 538, Sec. 156. Effective January 1, 2007.) § 290 Division 2, Part 6 A judgment or order made or entered pursuant to this code may be enforced by the court by execution, the appointment of a receiver, or contempt, or by any other order as the court in its discretion determines from time to time to be necessary. (Amended by Stats. 2006, Ch. 86, Sec. 2. Effective January 1, 2007.) § 291 Division 2, Part 6 (a) A money judgment or judgment for possession or sale of property that is made or entered under this code, including a judgment for child, family, or spousal support, is enforceable until paid in full or otherwise satisfied. (b) A judgment described in this section is exempt from any requirement that a judgment be renewed. Failure to renew a judgment described in this section has no effect on the enforceability of the judgment. (c) A judgment described in this section may be renewed pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure. An application for renewal of a judgment described in this section, whether or not payable in installments, may be filed: (1) If the judgment has not previously been renewed as to past due amounts, at any time. (2) If the judgment has previously been renewed, the amount of the judgment as previously renewed and any past due amount that became due and payable after the previous renewal may be renewed at any time after a period of at least five years has elapsed from the time the judgment was previously renewed. (d) In an action to enforce a judgment for child, family, or spousal support, the defendant may raise, and the court may consider, the defense of laches only with respect to any portion of the judgment that is owed to the state. (e) Nothing in this section supersedes the law governing enforcement of a judgment after the death of the judgment creditor or judgment debtor. (f) On or before January 1, 2008, the Judicial Council shall develop self-help materials that include: (1) a description of the remedies available for enforcement of a judgment under this code, and (2) practical advice on how to avoid disputes relating to the enforcement of a support obligation. The self-help materials shall be made available to the public through the Judicial Council self-help Internet Web site. (g) As used in this section, “judgment” includes an order. (Amended by Stats. 2007, Ch. 130, Sec. 87. Effective January 1, 2008.) § 292 Division 2, Part 6 (a) The Judicial Council shall modify the title of its existing form, “Order to Show Cause and Declaration for Contempt (Family Law),” to “Order to Show Cause and Affidavit for Contempt (Family Law).” (b) The Judicial Council shall prescribe a form entitled “Affidavit of Facts Constituting Contempt” that a party seeking to enforce a judgment or order made or entered pursuant to this code by contempt may use as an attachment to the Judicial Council form entitled “Order to Show Cause and Affidavit for Contempt (Family Law).” The form shall provide in the simplest language possible: (1) The basic information needed to sustain a cause of action for contempt, including, but not limited to, the elements of a cause of action for contempt. (2) Instructions on how to prepare and submit the Order to Show Cause and Affidavit for Contempt (Family Law) and the Affidavit of Facts Constituting Contempt. (3) Lines for the date and a signature made under penalty of perjury. (c) Section 1211.5 of the Code of Civil Procedure shall apply to the Order to Show Cause and Affidavit for Contempt (Family Law) and the Affidavit of Facts Constituting Contempt. (Added by Stats. 1995, Ch. 904, Sec. 2. Effective January 1, 1996.) § 295 Division 2, Part 7 (a) For the purpose of application of the laws of succession set forth in the Probate Code to a decedent, and for the purpose of determining the validity of a marriage under the laws of this state, an alliance entered into before 1958, which, by custom of the Indian tribe, band, or group of which the parties to the alliance, or either of them, are members, is commonly recognized in the tribe, band, or group as marriage, is deemed a valid marriage under the laws of this state. (b) In the case of these marriages and for the purposes described in subdivision (a), a separation, which, by custom of the Indian tribe, band, or group of which the separating parties, or either of them, are members, is commonly recognized in the tribe, band, or group as a dissolution of marriage, is deemed a valid divorce under the laws of this state. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.) § 297 Division 2.5, Part 1 (a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. (b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met: (1) Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity. (2) The two persons are not related by blood in a way that would prevent them from being married to each other in this state. (3) Both persons are at least 18 years of age, except as provided in Section 297.1. (4) Both persons are capable of consenting to the domestic partnership. (Amended by Stats. 2019, Ch. 135, Sec. 1. (SB 30) Effective January 1, 2020.) § 297.1 Division 2.5, Part 1 (a) A person under 18 years of age who, together with the other proposed domestic partner, otherwise meets the requirements for a domestic partnership other than the requirement of being at least 18 years of age, may establish a domestic partnership upon obtaining a court order granting permission to the underage person or persons to establish a domestic partnership. (b) (1) The court order and written consent of the parents of each person under 18 years of age or of one of the parents or the guardian of each person under 18 years of age, except as provided in paragraph (2), shall be filed with the clerk of the court, and a certified copy of the order shall be filed with the Secretary of State with the Declaration of Domestic Partnership. (2) If it appears to the satisfaction of the court by application of a person under 18 years of age that the person requires a written consent to establish a domestic partnership and that the minor has no parent or guardian, or has no parent or guardian capable of consenting, the court may make an order consenting to establishing the domestic partnership. The order shall be filed with the clerk of the court and a certified copy of the order shall be filed with the Secretary of State with the Declaration of Domestic Partnership. (3) Notwithstanding any other law, immediately after the Secretary of State creates or updates the document described in Section 298.8 using the information required for the document and that is contained in a certified copy of a court order filed with the Secretary of State with the Declaration of Domestic Partnership pursuant to this subdivision, the Secretary of State may dispose of the certified copy of the court order. (c) In determining whether to issue a court order granting permission to establish a domestic partnership, the court shall do all of the following: (1) Require Family Court Services to separately interview the parties intending to establish a domestic partnership and, if applicable, at least one of the parents or the guardian of each party who is a minor. If more than one parent or guardian is interviewed, the parents or guardians shall be interviewed separately. (2) Require Family Court Services to prepare and submit to the court a written report, containing any assessment of potential force, threat, persuasion, fraud, coercion, or duress by either of the parties or their family members relating to the intended domestic partnership. The report shall also contain recommendations of Family Court Services for either granting or denying the parties permission to establish a domestic partnership. If Family Court Services knows or reasonably suspects that either party is a victim of child abuse or neglect, Family Court Services shall submit a report of the known or suspected child abuse or neglect to the county child protective services agency. (3) After receiving the report of the assessments of Family Court Services, as described in paragraph (2), separately interview in camera each of the parties prior to making a final determination regarding the court order. (4) Consider whether there is evidence of coercion or undue influence on the minor. (d) If the court issues an order granting the parties permission to establish a domestic partnership, and if one or both of the parties are 17 years of age or younger, the parties shall be eligible to file a Declaration of Domestic Partnership with the Secretary of State no earlier than 30 days from the time the court order was issued. (e) As part of the court order granting permission to establish a domestic partnership, the court shall, if it considers it necessary, require the parties to the prospective domestic partnership of a minor to participate, before the domestic partnership is established, in counseling concerning social, economic, and personal responsibilities incident to the domestic partnership. The parties shall not be required to confer with counselors provided by religious organizations of any denomination. In determining whether to order the parties to participate in the counseling, the court shall consider, among other factors, the ability of the parties to pay for the counseling. The court may impose a reasonable fee to cover the cost of counseling provided by the county or the